MARTALBAI Vs. MADANLAL

JUDGEMENT

(1.) Plaintiff has filed present appeal challenging the judgment and decree passed by the Court below by which her suit for declaration and permanent injunction dismissed.

(2.) This appeal was admitted on 12-2-1992 on following substantial question of law :- "Whether the appellant, as the daughter of Bhuriyabai Wd/o Khushilal, would be entitled to a share in the suit property and would for that reason entitled to relief from the Court?"

(3.) Learned counsel for the appellant submits that apart from this two more substantial questions of law are involved in this appeal which are as under :- (a) Whether in absence of a counter-claim, decree for possession in favour of defendant could be passed? (b) Whether plaintiff, who is in possession, is entitled decree for payment of injunction against her forcible dispossession, or she could protect her possession until evicted lawfully?